The Civil Partnership (Treatment of Overseas Relationships) Order 2005

Overseas relationships dissolved etc. before commencement treated as civil partnerships

2.  The following provisions are specified for the purpose of section 215(5)(b) of the Act of 2004—

(a) in the case of a marriage celebrated on or after 5^th December 2005, section 28A (power to require evidence) of, and Schedule 1 (kindred and affinity) to, the Marriage Act 1949(1);

(b) in the case of a notice of marriage given on or after 5^th December 2005, section 27 (notice of marriage) of the Marriage Act 1949(2);

(c) the Inheritance (Provision for Family and Dependants) Act 1975(3);

(d) the Fatal Accidents Act 1976(4);

(e) in the case of a bankruptcy where the bankruptcy order was made on or after 5^th December 2005—

(i) sections 283A (bankrupt’s home ceasing to form part of estate), 313 (charge on bankrupt’s home), 313A (low value home: application for sale, possession or charge), 332 (saving for bankrupt’s home), 335A (rights under trusts of land), and 366 (inquiry into bankrupt’s dealings and property) of the Insolvency Act 1986(5); and

(ii) rules 6.237 (bankrupt’s home – notification of property falling within section 283A), 6.237A (application in respect of the vesting of an interest in a dwelling-house (registered land)), 6.237B (vesting of bankrupt’s interest (unregistered land)), and 6.237D (charging order) of the Insolvency Rules 1986(6);

(f) Schedule 1 to the Children Act 1989(7) (financial provision for children);

(g) sections 33 (occupation orders where application has estate or interest etc or has home rights), 35(one former spouse or former civil partner with no existing right to occupy), 37 (neither spouse or civil partner entitled to occupy) of and Schedule 7 (transfer of tenancy) to the Family Law Act 1996(8); and

(h) section 9 (power to require evidence of name etc.), section 65 (contribution by civil partner to property improvement), section 68 (applications under section 66 by former civil partners) of and Schedule 1 (prohibited degrees of relationship: England and Wales) to the Act of 2004.

(1)

Section 28A inserted by section 162(1) Immigration and Asylum Act 1999 (c. 33) and subsection (3) substituted by Civil Partnership Act 2004, section 261(1), Schedule 27, paragraph 15 from date to be appointed. Schedule 1 substituted by Civil Partnership 2004, Schedule 27, paragraph 17 from a date to be appointed.

(2)

Section 27 amended by Marriage Act 1983 (c. 32), section 1(7), Schedule 1, paragraph 5; Marriage Act 1994 (c. 34), section 1(3), Schedule, paragraph 2; Immigration and Asylum Act 1999, sections 160(2), 161(1) and (2), 169(1) and (3), Schedule 14, paragraphs 3 and 8, Schedule 16; Civil Partnership Act 2004, section 261(1), Schedule 27, paragraph 14 from a date to be appointed.

(3)

1975 c. 63.

(4)

1976 c. 30.

(5)

1986 c. 45, amended so far as relevant by Trusts of Land and Appointment of Trustees Act 1996 (c. 47), Schedule 3, paragraph 23; Enterprise Act 2002 (c. 40), s. 261(1) to (3); Civil Partnership Act 2004, Schedule 27, paragraphs 113 to 115, 117, 118, 120 and 122.

(6)

S.I. 1986/1925; relevant amendments are made by S.I. 2003/1730 and 2005/2114.

(7)

1989.c.41.

(8)

1996 c. 27, amended so far as relevant by Civil Partnership Act 2004, Schedule 9 paragraphs 4, 6, 8, and 16; Domestic Violence Crime and Victims Act 2004 (c. 28), Schedule 10, paragraph 42; S.I. 1997/74.